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Revista de Bioética y Derecho

On-line version ISSN 1886-5887

Abstract

RUIZ-FRANCO, Aida. A critical analysis of the progressive recognition of the rights linked to surrogacy. Rev. Bioética y Derecho [online]. 2018, n.44, pp.41-56. ISSN 1886-5887.

This article intends to contribute to the debate regarding the progressive recognition by the Courts of a part of the labor rights to those persons whose maternity or paternity is the result of a gestation agreement by substitution or surrogacy. To this aim, I introduce in this analysis, by one hand, how the story of the commodification of motherhood has been constructed and, by another, the role played by biological motherhood in the construction of women's labor rights in paid work.

Keywords : patriarchy; pregnancy; surrogate motherhood; maternity benefit; conciliation; child interest.

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